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STATE v. IOWA DISTRICT COURT FOR MITCHELL COUNTY

No. 90-1516.

471 N.W.2d 802 (1991)

STATE of Iowa, Appellant, v. IOWA DISTRICT COURT FOR MITCHELL COUNTY, Appellee.

Supreme Court of Iowa.

June 19, 1991.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., Roxann M. Ryan, Asst. Atty. Gen., Jerry H. Folkers, County Atty., and Bryan H. McKinley, Asst. County Atty., for appellant.

Linda Del Gallo, State Appellate Defender and Andi S. Lipman, Asst. Appellate Defender, for appellee.

Considered by McGIVERIN, C.J., and CARTER, LAVORATO, SNELL, and ANDREASEN, JJ.

CARTER, Justice.

Darrell Luce pleaded guilty to two counts of second-degree burglary and one count of delivery of a controlled substance. In exchange for the plea, the State recommended that the sentences on these Iowa charges be concurrent rather than consecutive. The State urged to the court, however, that the provisions of a 1983 amendment to Iowa Code section 903A.5 precluded it from making these Iowa sentences concurrent with a prior unexpired prison sentence...

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